Published FMSHRC DecisionsI have been lead or co-counsel in the following cases involving MSHA:
North County Sand & Gravel, Inc., EAJ 2014 1 J (ALJ Manning, May 13, 2014) North County Sand & Gravel, Inc, WEST 2010 365 (ALJ Manning, Sept. 26, 2013) Essroc Cement Corporation, LAKE 2008 641 (ALJ Manning, Feb. 15, 2011) Buzzi Unicem USA, CENT 242 (FMSHRC ALJ Manning, June 6, 2007) Dynatec Mining Corporation, WEST 94-645-M, (Review Commission, Jan. 19 2001) Contractors Sand and Gravel, Inc., EAJ 96-3, (Review Commission, Mar. 28 2000) Contractors Sand and Gravel, Inc., 199 F.3d 1335 (D.C. Cir. 2000) Dynatec Mining Corporation, WEST 94-645-M, (FMSHRC ALJ Manning, Sep. 24 1998) Blue Circle, Inc., CENT 97-181-RM, (FMSHRC ALJ Bulluck, Apr. 08 1998) Contractor's Sand and Gravel, Inc., EAJ 96-3, (FMSHRC ALJ Cetti, Oct. 28 1996) Contractors Sand & Gravel Supply, Incorporated, WEST 93-462-M, (FMSHRC ALJ Cetti, Mar. 25 1996) Chico Crushed Stone Partnership, CENT 92-136-M, (FMSHRC ALJ Melick, Mar. 22 1993) Peabody Coal Company, KENT 91-179-R, (Review Commission, Mar. 25 1993) Mansel John Saffell v. National Cement Co., WEST 90-174-DM, (FMSHRC ALJ Morris, Jun. 26 1992) Drummond Company, Inc., SE 90-126, (Review Commission, May. 05 1992) Agipcoal USA, Inc., KENT 90-207, (FMSHRC ALJ Maurer, Jun. 12 1991) Arch of Kentucky, Inc., KENT 89-176-R, (FMSHRC ALJ Fauver, Mar. 19 1990) |
Noteworthy MSHA CasesDynatec Mining Corporation, WEST 94-645-M, (Review Commission, Jan. 19 2001): Following a multiple fatality at an Arizona copper mine, MSHA issued 14 unwarrantable failure violations to a contractor working at the mine. The agency then assessed a $700,000 total civil penalty for the 14 alleged violations. At trial, the penalty was reduced to $90,000, with six of the orders being vacated. On appeal to the Review Commission, six additional orders were vacated, with the penalty being reduced to $60,000. After an further negotiations with MSHA, the contractor ultimately agreed to pay a $20,000 fine for one violation.
Contractors Sand and Gravel, Inc., 199 F.3d 1335 (D.C. Cir. 2000): The United States Court of Appeals for the District of Columbia Circuit opened the door for small mine operators to recover attorney fees and expenses from MSHA under the Equal Access to Justice Act. The Court ordered MSHA to pay attorney’s fees and expenses totaling $99,935 to the small sand and gravel operator, which had prevailed against MSHA in an enforcement action. North County Sand & Gravel, Inc., EAJ 2014 1 J (ALJ Manning, May 13, 2014): A small sand and gravel operator challenged a $35,500 special assessment, which was derived from MSHA's Special Assessment General Procedures. The administrative law judge assessed a penalty of $3,500. Based on the 10-fold penalty reduction, the operator was awarded attorney fees and expenses from MSHA in the amount of $43,000. NOTICE & DISCLAIMER: The results in the cases, which are listed in this website, were based on specific facts and law. Every case is different. You should not and cannot expect similar results in any future case. Eligibility to recover attorney fees and expenses from MSHA is limited by the Equal Access to Justice Act. The cases are only listed as examples of the types of cases that I litigate.
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